Mont. Code § 46-18-205

Current through the 2023 Regular Session
Section 46-18-205 - Mandatory minimum sentences - restrictions on deferral or suspension
(1) If the victim was less than 16 years of age, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under the following sections may not be deferred or suspended and the provisions of 46-18-222 do not apply to the first 30 days of the imprisonment:
(a)45-5-503, sexual intercourse without consent;
(b)45-5-504, indecent exposure;
(c)45-5-507, incest; or
(d)45-8-218, deviate sexual conduct.
(2) Except as provided in 45-9-202 and 46-18-222, the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended:
(a)45-5-103(4), mitigated deliberate homicide;
(b)45-5-202, aggravated assault;
(c)45-5-302(2), kidnapping;
(d)45-5-303(2), aggravated kidnapping;
(e)45-5-401(2), robbery;
(f)45-5-502(3) and (4), sexual assault;
(g)45-5-503(2) and (3), sexual intercourse without consent; and
(h)45-5-706, aggravated sex trafficking.
(3) Except as provided in 46-18-222, the imposition or execution of the first 10 years of a sentence of imprisonment imposed under 45-5-102, deliberate homicide, may not be deferred or suspended.
(4) The provisions of this section do not apply to sentences imposed pursuant to 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-625(4), or 45-5-711.

§ 46-18-205, MCA

Amended by Laws 2023, Ch. 205,Sec. 2, eff. 10/1/2023, and applicable to violations of 45-5-502(4) that occur on or after 10/1/2023.
Amended by Laws 2023, Ch. 167,Sec. 27, eff. 4/19/2023.
Amended by Laws 2017, Ch. 321,Sec. 26, eff. 7/1/2017.
Amended by Laws 2015, Ch. 285, Sec. 20, eff. 7/1/2015.
Amended by Laws 2013, Ch. 374, Sec. 11, eff. 7/1/2013.
En. Sec. 3, Ch. 52, L. 1999; amd. Sec. 5, Ch. 312, L. 2001; amd. Sec. 16, Ch. 483, L. 2007.